MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, April 11, 2007

9:30 a.m.

Capitol Extension, Room E1.028

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Wednesday, April 11, 2007, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Royce West Senator Robert Nichols Senator Dan Patrick Senator Jeff Wentworth		Senator Mario Gallegos, Jr.

 

*****

 

The chair called the meeting to order at 9:30 a.m.  The following business was transacted:

 

The chair recognized Torry Edwards, Assistant City Manager, City of Terrell, to provide invited testimony on municipal utility districts.

 

The chair laid out SB 1069 and recognized the author, Senator Janek, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.   

 

Senator West moved that SB 1069 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Patrick moved that SB 1069 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

The chair laid out SB 1070 and recognized the author, Senator Janek, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the senate bill as filed.  Upon arrival of a quorum, Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 1070 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator West moved that SB 1070 be left pending. 

 

At 9:52 a.m., a quorum was established.

 

Senator Nichols moved adoption of the minutes from the previous hearing held on April 4, 2007; without objection, it was so ordered. 

 

The chair laid out SB 1978 and recognized the author, Senator Janek, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 1978 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1205 and recognized the author, Senator Deuell, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1205 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1994 and recognized the author, Senator Deuell, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Deuell to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1994 do not pass but that CSSB 1994 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1439 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1439 do not pass but that CSSB 1439 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1954 and recognized the author, Senator Hegar, to explain the bill.   Senator Nichols asked the bill be postponed upon arrival of the committee substitute; without objection, it was so ordered.

 

The chair laid out SB 1955 and recognized the author, Senator Hegar, to explain the bill.  Senator Nichols requested the bill be postponed upon arrival of the committee substitute; without objection, it was so ordered. 

 

The chair laid out SB 671 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 671 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1123 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Nichols sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols requested unanimous consent to roll the amendment into a new committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that SB 1123 do not pass but that CSSB 1123 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1757 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that CSSB 1757 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1984 and recognized Senator Hegar, in the absence of the author, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Nichols sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Nichols requested unanimous consent to roll the amendment into a new committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that SB 1984 do not pass but that CSSB 1984 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1954 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1954 do not pass but that CSSB 1954 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1955 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1955 do not pass but that CSSB 1955 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1960 and recognized the author, Senator Hegar, to explain the bill.

 

 Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 1960 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1961 and recognized the author, Senator Hegar, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Hegar to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1961 do not pass but that CSSB 1961 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:54 a.m. Senator West moved that the committee stand recessed until 30 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 1:45 p.m. the committee reconvened. 

 

The chair laid out SB 1041 and recognized the author, Senator Lucio, Jr., to explain the bill. 

 

Senator West sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed.  Senator West moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West requested unanimous consent to roll the amendment into a new committee substitute; without objection, it was so ordered.  Senator West then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that SB 1041 do not pass but that CSSB 1041 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 853 and recognized the author, Senator Nichols, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 853 do not pass but that CSSB 853 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1091 and recognized the author, Senator Nichols, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1091 do not pass but that CSSB 1091 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1092 and recognized the author, Senator Nichols, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1092 do not pass but that CSSB 1092 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1946 and recognized the author, Senator Nichols, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1946 do not pass but that CSSB 1946 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1963 and recognized the author, Senator Nichols, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1963 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out SB 1964 and recognized the author, Senator Nichols, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1964 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1965 and recognized the author, Senator Nichols, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1965 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1966 and recognized the author, Senator Nichols, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1966 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1967 and recognized the author, Senator Nichols, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1967 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 3:07 p.m. Senator Nichols assumed the chair. 

 

The chair laid out SB 979 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a new committee substitute; the chair recognized Senator West to explain the difference between the new committee substitute and the committee substitute previously adopted.  Senator West moved adoption of the new committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 979 do not pass but that CSSB 979 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

At 3:22 p.m. Senator West resumed the chair. 

 

The chair recalled SB 772 and moved that SB 772 do not pass but that the previously adopted CSSB 772 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out SB 878 and recognized Senator Nichols, in the absence of the author, to explain the bill. 

 

At 3:27 p.m. Senator Patrick assumed the chair. 

 

At 3:29 p.m. Senator West resumed the chair. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 878 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1974 and recognized Senator Nichols, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1974 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1407 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Patrick moved that SB 1407 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1408 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Patrick moved that SB 1408 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1409 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Patrick moved that SB 1409 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1661 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Patrick moved that SB 1661 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1660 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

Senator Patrick sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Patrick moved that SB 1660 do not pass but that CSSB 1660 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 3:45 p.m. Senator West moved that the committee stand recessed until 4:00 p.m; without objection, it was so ordered. 

 

At 4:00 p.m. the committee reconvened. 

 

The chair laid out SB 270 and recognized the author, Senator Wentworth, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that SB 270 be left pending; without objection, it was so ordered. 

 

There being no further business, at 5:10 p.m. Senator West moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

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Senator Royce West, Chair

 

 

_____________________________

Tiffany White, Clerk